NEC APPOINTMENT OF GEOFFREY VAKI IS FLAWED


The Police Association or any person of interest must query the legality of the appointment of Police Commissioner Jeffery Vaki, made by NEC dated 01/07/14. In my view the appointment of Police Commissioner is legally flawed. Basically, appointment of Police Commissioner or Acting Commissioner must follow the due process set out under section 193 of the Constitution and Section 25, 25A of the Public Service Management Act 1995 and Section 9(2) of the Police Act 1988.

(a) Section 193(2) of the Constitution provides that “all appointments (whether temporary or substantive) to offices to which subsection (1) (b), (c) and (e) apply shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after consultation with the public services commission and any appropriate permanent parliamentary committee, and a report concerning each of them shall be given to the parliament by the responsible minister as soon as possible after it has been made”.

(b) Section 25 of the Public Service Management Act 1995 provides that “in accordance with and subject to section 193 (appointments to certain offices) of the constitution, a vacancy in the office of departmental head may be filled by the head of state acting on advice – (a) by the promotion or transfer of an officer; or (b) by an appointment made in accordance with a merit-based appointment process specified in section 25a.

(c) Section 25A provides that “regulations may prescribe a merit-based appointment process for the filling of a vacancy under section 25 which –

(a) shall involve a recommendation of the public services commission to be made solely on the basis of an assessment of a candidate’s suitability compared to the minimum person specification as advertised for the vacancy; and

(b) shall be based on the following administrative processes: –
(i) the advertisement of the vacancy in an office in the prescribed format, together with the minimum person specification for applicants to the position;
(ii) the assessment of each applicant’s curriculum vitae, submitted in a prescribed format, and their competency to perform the prescribed duties as measured against the prescribed minimum person specification for the position;
(iii) a ranked ordered assessment of all applicants for the advertised position in terms of their relative competency to perform the prescribed duties;
(iv) the merit-based assessment described in this section shall be the primary consideration of the public services commission in making a recommendation to the national executive council; and
(v) all other considerations not related to the processes described in this section shall have no bearing in the recommendation of the public services commission and of the national executive council in making a final decision on an appointment”.
(d) Section 9(2) of the Police Act 1988 provides that “the Commissioner is appointed in accordance with Section 193 (Appointments to certain offices) of the Constitution” but does not provide any other process of appointment other than that which is set out under Section 25 & 25A of the Public Service Management Act 1995.

In light of the Constitutional and legal process and procedures as described above, it is therefore concluded that NEC’s appointment of J. Vaki to as the Commissioner for Police dated 01/07/14 is in breach of Section 193 of the Constitution and Section 25, & 25A of the Public Service Management Act 1995, Section 9(2) of the Police Act 1988, there rendering Vaki’s appointment as Commissioner void, and of no legal effect. A Gazettal Notice, if any, of the appointment by Head of State, from advice by NEC may be legally flawed.
NB: Any comments and intellectual discussion to add or subtract this view is welcome.

PNGBLOGS

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